Federal Register / Vol. 70, No.
60 / Wednesday, March 30, 2005 / Rules and Regulations
approved the information collection
requirements contained in § 408.932(c),
(d) and (e) of these final rules. The OMB
control number for this collection is
0960–0692, expiring November 30,
2007.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006, Supplemental Security Income; and
96.020, Special Benefits for Certain World
War II Veterans)
List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance; Reporting and recordkeeping
requirements, Social Security.
20 CFR Part 408
Administrative practice and
procedure, Aged; Reporting and
recordkeeping requirements, Social
Security; Special Veterans benefits,
Veterans.
20 CFR Part 416
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs;
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
Dated: March 9, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
■ Accordingly, the final rules amending
20 CFR parts 404, 408 and 416 that were
published at 70 FR 11 on January 3, 2005, Dated: March 23, 2005.
are adopted as final rules without Gary Kassof,
change. Bridge Program Manager, First Coast Guard
[FR Doc. 05–6204 Filed 3–29–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD01–05–023]
Drawbridge Operation Regulations:
Housatonic River, CT
AGENCY: Coast Guard, DHS.
ACTION: Notice of temporary deviation
from regulations.
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the drawbridge operation
regulations for the U.S. 1 Bridge, mile
VerDate jul<14>2003 16:21 Mar 29, 2005 Jkt 205001
16113
3.5, across the Housatonic River at
Stratford, Connecticut. Under this
temporary deviation only one of the
two-bascule leafs at the bridge need
open for the passage of vessel traffic
from April 1, 2005 through May 27,
2005. Two-leaf, full bridge openings,
will be provided upon three days
advance notice. This temporary
deviation is necessary to facilitate
rehabilitation repairs at the bridge.
DATES: This deviation is effective from
April 1, 2005 through May 27, 2005.
FOR FURTHER INFORMATION CONTACT: Judy
Leung-Yee, Project Officer, First Coast
Guard District, at (212) 668–7195.
SUPPLEMENTARY INFORMATION: The U.S. 1
Bridge has a vertical clearance in the
closed position of 32 feet at mean high
water and 37 feet at mean low water.
The existing drawbridge operation
regulations are listed at 33 CFR 117.207.
The bridge owner, Connecticut
Department of Transportation, requested
a temporary deviation from the
drawbridge operation regulations to
facilitate scheduled rehabilitation
maintenance at the bridge.
Under this temporary deviation only
one of the two-bascule leafs need open
for the passage of vessel traffic from
April 1, 2005 through May 27, 2005.
Two-leaf, full bridge openings, shall be
provided after at least a three-day
advance notice is given by calling the
number posted at the bridge.
This deviation from the operating
regulations is authorized under 33 CFR
117.35, and will be performed with all
due speed in order to return the bridge
to normal operation as soon as possible.
District.
[FR Doc. 05–6309 Filed 3–29–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[CGD05–05–021]
RIN 1625–AA00
Safety Zone; National Cherry Blossom
Festival Fireworks Display, Potomac
River, Washington, DC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM
the Upper Potomac River in the
Washington Channel, Washington, DC.
This safety zone is necessary to provide
for the safety of life and property during
a fireworks display being held during
the annual National Cherry Blossom
Festival in Washington, DC. This safety
zone will restrict the movement of
vessel traffic in the immediate area of
the fireworks discharge site.
DATES: This rule is effective from 7 p.m.
to 9 p.m. eastern standard time on April
2, 2005, with a rain date of April 3,
2005.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket CGD05–05–
021 and are available for inspection or
copying at Commander, Coast Guard
Sector Baltimore, 2401 Hawkins Point
Road, Baltimore, Maryland 21226–1791,
between 8 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald L. Houck, Coast Guard Sector
Baltimore, at (410) 576–2674.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM. Publishing
an NPRM and delaying its effective date
would be contrary to the public interest,
since there is not sufficient time to
publish a proposed rule in advance of
the event and immediate action is
needed to protect persons and vessels
against the hazards associated with a
fireworks display from a barge, such as
premature detonation or falling burning
debris.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. This safety zone of short
duration is needed to provide for the
safety of persons and vessels on the
Potomac River and the public at large.
Advance notification of the security
zone and the fireworks display will be
provided to the public via marine
information broadcasts and by local
media.
Background and Purpose
On April 2, 2005, the National Cherry
Blossom Festival will sponsor a
fireworks display from a barge on the
Washington Channel, in Washington,
DC, in approximate position latitude
38°52′08.5″ N, longitude 077°01′13.0″
W. The event will consist of an aerial
fireworks display of short duration. A
fleet of spectator vessels is anticipated.
30MRR1
 16114 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
Due to the need for vessel control on the
waters of the Washington Channel
during the event, vessel traffic will be
temporarily restricted to provide for the
safety of spectators, participants and
transiting vessels.
Discussion of Rule
The Coast Guard is establishing a
temporary safety zone on specified
waters of the Washington Channel. The
temporary safety zone will be enforced
from 7 p.m. to 9 p.m. eastern standard
time on April 2, 2005, with a rain date
of April 3, 2005. The effect will be to
restrict general navigation in the
regulated area during the event. No
person or vessel may enter or remain in
the safety zone. Vessels will be allowed
to transit the waters of the Washington
Channel outside the safety zone. This
safety zone is needed to control vessel
traffic during the event to enhance the
safety of participants, spectators and
transiting vessels.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866 and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not significant under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
Although this rule prevents traffic
from transiting a portion of the
Washington Channel during the event,
the effect of this rule will not be
significant due to the limited duration
of the regulation, limited size of the
regulated area, and the extensive
notifications that will be made to the
maritime community via marine
information broadcasts and local media,
so mariners can adjust their plans
accordingly. We expect the economic
impact of this rule to be so minimal that
a full Regulatory Evaluation under the
regulatory policies and procedures of
DHS is unnecessary.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
VerDate jul<14>2003 16:21 Mar 29, 2005 Jkt 205001
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: The owners or operators of
vessels intending to transit or anchor in
the effected portions of the Washington
Channel from 7 p.m. to 9 p.m. Eastern
Standard Time on April 2, 2005 or April
3, 2005 if the rain date becomes
necessary.
Although this rule prevents traffic
from transiting or anchoring in a portion
of the Washington Channel during the
event, the effect of this rule will not be
significant because of its limited
duration, limited area, and the advance
notifications that will be made to the
maritime community via marine
information broadcasts and local media,
so mariners can adjust their plans
accordingly.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
compliance with Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guards, call 1–
888–REG–FAIR (1–888–743–3247).
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that this rule does not have
implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule does not result in such
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
Taking of Private Property
This rule does not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not concern an environmental risk
to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 12211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. It has not been designated by the
Administrator of the Office of
Information and Regulatory Affairs as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
30MRR1
 Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies. This rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have considered the
environmental impact of this rule and
concluded that, under figure 2–1,
paragraph (34)(g), of Commandant
Instruction M16475.lD, this rule is
categorically excluded from further
environmental documentation. This
regulation establishes a temporary safety
zone. A ‘‘Categorical Exclusion
Determination’’ is available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
■ 1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1
■ 2. From 7 p.m. until 9 p.m. on April
40 CFR Part 52
2, 2005, add temporary § 165.T05–021 to
read as follows: [R03–OAR–2005–PA–0011; FRL–7891–5]
§ 165.T05–021 Safety zone; National
Cherry Blossom Festival Fireworks Display,
Potomac River, Washington, DC.
(a) Location. The following area is a
safety zone: All waters located on the
Upper Potomac River in the Washington
Channel, Washington, DC, within a 350-
foot diameter of a fireworks discharge
barge located in approximate position
VerDate jul<14>2003 16:21 Mar 29, 2005 Jkt 205001
latitude 38°52′08.5″ N, longitude
077°01″13.0″ W.
(b) Regulations. All persons are
required to comply with the general
regulations governing safety zones in 33
CFR 165.23 of this part.
(1) All vessels and persons are
prohibited from entering this zone,
except as authorized by the Coast Guard
Captain of the Port, Baltimore,
Maryland.
(2) Persons or vessels requiring entry
into or passage within the zone must
request authorization from the Captain
of the Port or his designated
representative by telephone at (410)
576–2693 or by radio on VHF–FM
channel 16.
(3) All Coast Guard assets enforcing
this safety zone can be contacted on
VHF marine band radio, channels 13
and 16.
(4) The operator of any vessel within
or in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign, and
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on board a vessel displaying a Coast
Guard Ensign.
(c) Definitions. The Captain of the
Port means the Commander, Coast
Guard Sector Baltimore or any Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port to act on his behalf.
(d) Effective period. This section is
effective from 7 p.m. to 9 p.m. Eastern
Standard Time on April 2, 2005, with a
rain date of April 3, 2005.
Dated: March 22, 2005.
Curtis A. Springer,
Captain, U.S. Coast Guard, Captain of the
Port, Baltimore, Maryland.
[FR Doc. 05–6307 Filed 3–29–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; VOC and NOX RACT
Determinations for Five Individual
Sources
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\30MRR1.SGM
16115
SUMMARY: EPA is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania’s State
Implementation Plan (SIP). The
revisions were submitted by the
Pennsylvania Department of
Environmental Protection (PADEP) to
establish and require reasonably
available control technology (RACT) for
five major sources of volatile organic
compounds (VOC) and nitrogen oxides
(NOX). These sources are located in
Pennsylvania. EPA is approving these
revisions to establish RACT
requirements in the SIP in accordance
with the Clean Air Act (CAA).
DATES: This rule is effective on May 31,
2005, without further notice, unless
EPA receives adverse written comment
by April 29, 2005. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2005–PA–0011 by one of the following
methods:
A. Federal eRulemaking Portal: http:/
/www.regulations.gov. Follow the on-
line instructions for submitting
comments.
B. Agency Web site: http://
www.docket.epa.gov/rmepub/. RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
D. Mail: R03–OAR–2005–PA–0011,
Makeba Morris, Chief, Air Quality
Planning Branch, Mailcode 3AP21, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-
listed EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
RME ID No. R03–OAR–2005–PA–0011.
EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at http://
www.docket.epa.gov/rmepub/,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through RME,
30MRR1